By Celia Kitzinger, 13 February 2023 The teenager at the centre of this case had a traumatic childhood, involving neglect and abuse. She has “suicidal ideation” and a history of harming herself and other people. Until recently (for the last year or so) she was living in a secure children’s home. Counsel for the ICB (IntegratedContinue reading “Is she detainable under s.3 Mental Health Act? Two Trusts disagree and a placement is in jeopardy”
Tag Archives: Open Justice
Validity of Lasting Power of Attorney: Observing my first Court of Protection hearing
There wasn’t an opening summary of the case, but the listing stated that the issue before the court was: “Directions required for OPG’s applications to revoke LPAs for P&A and H&W and appoint a Panel Deputy to manage the property and affairs of [P]”. (To unpack this: OPG = Office of Public Guardian; LPA = Lasting Power of Attorney; P&A = Property and Affairs; H&W = Health and Welfare.)
New Guidance on Closed Hearings from the Vice President of the Court of Protection
By Celia Kitzinger, 8th February 2023 My first experience of a case involving closed hearings was as an observer of Re A (Covert medication: Closed Proceedings) [2022] EWCOP 44. It shook my faith in the justice system. The protected party (A) was in residential care, against her own wishes and those of her mother. While A’sContinue reading “New Guidance on Closed Hearings from the Vice President of the Court of Protection”
Approving discharge arrangements and deprivation of liberty
By Celia Kitzinger, 8th February 2023 This is yet another case reflecting the problems caused to individuals due to the national shortage of appropriate accommodation for young people with complex needs. I observed the hearing (COP 14036761) on 3rd February 2023 before Mrs Justice Theis sitting (remotely) in the Royal Courts of Justice. A teenager isContinue reading “Approving discharge arrangements and deprivation of liberty”
A committal hearing to send P’s mother to prison – and the challenges of an in-person hearing
By Claire Martin, 8 February 2023 Editorial update: After the decision in this case (a suspended custodial sentence of 28 days), Mrs Lioubov Macpherson made an unsuccessful appeal to the Court of Appeal. The Court of Appeal judgment is here. Lioubov Macpherson v Sunderland City Council {2023] EWCA Civ 574 (4 May 2023). The hearingContinue reading “A committal hearing to send P’s mother to prison – and the challenges of an in-person hearing”
Covert medication of persons lacking capacity: What guidance is there?
By Aswini Weereratne, 6th February 2023 Covert medication is the troubling practice of medicating a person without their knowledge because they have refused treatment considered medically necessary. This is often done by disguising medication in food or a drink. A few cases before the Court of Protection have placed this practice into the spotlight and raise theContinue reading “Covert medication of persons lacking capacity: What guidance is there?”
Uncertainty about capacity for contact – and the inappropriateness of using the inherent jurisdiction
Mrs Justice Lieven remarked that “a vast amount of lawyers and legal expenses” were being used on “a relatively small amount of issues, with very fine distinctions” and that further assessment “does not feel to me, like a proportionate way forward, in a cash-strapped system” where in the case of P “there are already 8 lawyers and 3 detailed assessments”, pertinently adding “What benefit is there to P in all of this?”
Committal hearings and open justice in the Court of Protection
An inaccurate listing on a court noticeboard might seem a small thing. But in contempt cases, that inaccurate listing might lead to your neighbour being sent to jail in secret. That would be a very big thing indeed.
‘Test case’ on Lasting Powers of Attorney – with troubling delay
By Celia Kitzinger, 31st January 2023 At some point in the future, there may be a time for all of us when we can’t make decisions for ourselves. It may come suddenly, as it did for my younger sister, Polly, who was catastrophically brain-injured in a car crash in 2009. Or we may lose capacity toContinue reading “‘Test case’ on Lasting Powers of Attorney – with troubling delay”
Observing my first hearing: Plan to terminate contact if father is abusive to carers
For the next 12 minutes he produced a torrent of ‘colourful’ language directly insulting the judge, alongside allegations of staff abusing P, not washing him, not feeding him properly and denying the father access to his son. The Judge remained calm and did not display much of a reaction (apart from one brief wry smile and raised eyebrows) despite some pretty offensive insults!
Promoting Open Justice in the Court of Protection 